Volino v. Progressive Casualty Ins. Co. et al.

This website has been set up because the Court in charge of this lawsuit has granted preliminary approval of a settlement (“Settlement”) in the class action case styled Dominick Volino et al. v. Progressive Casualty Ins. Co. et al., Case 1:21-cv-06243-LGS. The Court in charge of this case is the United States District Court for the Southern District of New York. You were identified as a possible member of the Settlement Classes (described below).

The purpose of this website is to inform you about this lawsuit and your legal rights and options in this Settlement.

This class action alleges that Progressive Advanced Ins. Co., Progressive Specialty Ins. Co., Progressive Max Ins. Co., and Progressive Casualty Ins. Co. (collectively referred to as “Progressive” or “Defendants”) systematically paid their insureds less than the actual cash value of their totaled vehicles, in breach of Progressive’s insurance policies. Plaintiffs asserted that Progressive did this by basing the compensation for insureds’ total loss claims on valuation reports that applied Projected Sold Adjustments, which Plaintiffs alleged are improper. In addition to their breach of contract claim, Plaintiffs also asserted claims on behalf of insureds and third-party claimants alleging deceptive practices in violation of New York General Business Law (“GBL”) § 349.

The Class Representatives and Defendants agreed to a Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get payments in exchange for releasing Defendants from liability. The Settlement does not mean Defendants broke any laws and/or did anything wrong, and the Court did not decide which side was right.

On August 20, 2024, the Court granted preliminary approval of the Settlement. The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interest of the Class Members.

There are several important documents related to this case and the Settlement available to you here, including the Long-Form Notice, E-mail Notice, Complaints, Settlement Agreement, Opt-Out Form, order granting preliminary approval of the Settlement, and other important documents.

If you received an email notice or a postcard notice in the mail, then Progressive’s records indicate that you qualify as a member of the Settlement Classes.

For this Settlement, there are two Settlement Classes:

First Party Class: All persons who made a first-party claim on a policy of insurance issued by any Progressive Group entity to a New York resident who, from July 28, 2015 through August 20, 2024, received compensation from one of the Defendants for the total loss of a covered vehicle, where that compensation was based on an Instant Report prepared by Mitchell International, Inc. and the actual cash value was decreased based upon Projected Sold Adjustments to the comparable vehicles used to determine actual cash value.

Third-Party Class: All persons who made a third-party claim on a policy of insurance issued by any Progressive Group entity to a New York resident who, from July 28, 2018, through August 20, 2024, received compensation from one of the Defendants for the total loss of a covered vehicle, where that compensation was based on an Instant Report prepared by Mitchell and the actual cash value was decreased based upon Projected Sold Adjustments to the comparable vehicles used to determine actual cash value.

After payment of attorney’s fees, litigation expenses, settlement administration expenses, and any service awards, it is estimated that the average payment will be $332.00 to each Settlement Class Member who does not opt out.

Settlement Class Members have the following three options:

1. Remain a Member of the Settlement Classes. If you wish to remain a member of the Settlement Classes, you are not required to do anything at this time. It is estimated, that after payment of certain fees and expenses, individual Settlement Class Members will receive a check for, on average, $332. The individual payments will be mailed to the Settlement Class Member’s address on file with Progressive if you do not choose to receive your payment through an electronic form, such as PayPal, Venmo, or direct deposit to your bank account.
2. Ask to be Excluded from the Settlement Classes. If you wish to exclude yourself from the settlement, you must send a written “Request for Exclusion” to the Settlement Administrator at the following address: Volino v. Progressive Settlement Administrator, P.O. Box 6366, Portland, OR 97228-6366. An “Opt Out” form will be available at the Settlement Website, but you need not use the form to submit a Request for Exclusion. To be valid, your Request for Exclusion must be postmarked by November 19, 2024, and must include the name and number of the case; must clearly state your desire to be excluded from the Settlement Classes; and must include your name, your current address, your telephone number, and your signature.
3. Object to the Settlement. If you do not exclude yourself, you may file an objection if you do not like any part of the Settlement. You can give reasons why you think the Court should not approve the Settlement, the request for attorney’s fees and expenses, or the request for the Class Representatives’ service awards. Objections must be submitted in writing to Volino v. Progressive Settlement Administrator, P.O. Box 6366, Portland, OR 97228-6366, be postmarked no later than November 19, 2024, and contain certain information.

If you do not wish to participate in the Settlement of this Class Action, you can request exclusion from the Settlement Classes. If you choose to be excluded, you will (1) not share in the benefits of the Settlement; and (2) not be bound by any order or judgment made by the Court in relation to this Settlement. If you request exclusion, you will have the right to pursue individually, at your own expense, any claim you may have against Progressive.

To exclude yourself from the Settlement, you must send a written “Request for Exclusion” to the Settlement Administrator. An Opt-Out form is available in the Important Documents section of this website, but you need not use the form to submit a Request for Exclusion. To be valid, your Request for Exclusion must be postmarked by November 19, 2024, to the address below and must include all of the following:

• Your name;
• The Number of the case;
• A clear statement that you desire to be excluded from the Settlement Classes;
• Your current address;
• Your telephone number; and
• Your signature

The Request for Exclusion must be mailed to the Settlement Administrator at the below address and postmarked by November 19, 2024:

Volino v. Progressive Settlement Administrator
P.O. Box 6366
Portland, OR 97228-6366

If your Request for Exclusion is not postmarked by November 19, 2024, it will be invalid and you will be included as a member of the Settlement Classes automatically and be bound by the terms of the Settlement and the Final Approval Order and Judgment even if you have previously initiated or subsequently initiate individual litigation or any other proceedings against Defendants concerning the Released Claims, which are defined in the Settlement Agreement.

If you meet the criteria to be a member of the Settlement Classes and do nothing then you will remain a member of the Settlement Classes.

By remaining a Settlement Class Member, you will be bound by the Settlement. If the Settlement receives Final Approval from the Court and, after any appeal window closes and any received appeals are resolved, you will receive your share of the benefits of this Settlement.

If you do not exclude yourself from the Settlement, all of the Court’s orders and judgments regarding this Settlement will apply to you and you will not be able to sue the Defendants over the issues resolved by this Settlement.

If you do not exclude yourself, you can give reasons why you think the Court should not approve the Settlement, the request for attorney’s fees and expenses, or the request for Class Representatives’ service awards. To object, you must send a written objection stating you object to the Settlement no later than November 19, 2024.

It must be mailed to:

Volino v. Progressive Settlement Administrator
P.O. Box 6366
Portland, OR 97228-6366

Your objection must include the following to be considered:

• a caption or title that identifies it as “Objection to Class Settlement in Volino v. Progressive, Case No. 1:21-Civ.-06243-LGS”;
• the objector’s full name, address, and telephone number;
• if applicable, the name and address of any person claiming to be legally entitled to object on behalf of a Settlement Class Member and the basis of such legal entitlement;
• all grounds for the objection, including all evidence, citations to legal authority, and legal argument;
• the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection (the “Objecting Attorneys”); and
• the objector’s handwritten or electronically imaged written signature. If you wish to appear at the Court’s Final Fairness Hearing (see below), either personally or through counsel who files an appearance with the Court in accordance with the Local Rules, you must write “Intention to Appear” on your written objection letter.

If your objection does not contain all of this information, is mailed to the incorrect address, or is postmarked after November 19, 2024, your objection will be considered invalid, and you will be deemed to have waived your objection.

Objecting is simply telling the Court you do not like something about the Settlement. You are eligible to object only if you remain in the Settlement Class (meaning you do not opt out of the Settlement).

Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Classes or the Settlement. If you opt out, you are not eligible to object to the Settlement.

Yes. The Court appointed Plaintiffs Lukasik, Lippa, Plotts, Goodier, Costa, England, and Verardo as the Class Representatives for the Settlement Classes. The Court appointed the law firm of Carney Bates & Pulliam PLLC, Jacobson Phillips PLLC; Normand PLLC; Edelsberg Law, P.A.; Shamis & Gentile; and Bailey Glasser LLP, referred to as Class Counsel, to represent you and other members of the Settlement Classes. If you have any questions for Class Counsel, you may direct those to the address provided below.

CARNEY BATES & PULLIAM PLLC
One Allied Drive, Suite 1400
Little Rock, AR 72202
www.cbplaw.com

You do not need to hire your own lawyer because Class Counsel is working for you. You are welcome to hire your own lawyer at your expense.

Additional information is available on this website, or by contacting Class Counsel at the address provided above. The Long-Form Notice, Settlement Agreement, Opt-Out Form, and other important Settlement documents can be found under the Important Documents section here.

Please do not contact the court, the clerk’s office, defendants, or defendants counsel to ask questions about this class action. They cannot answer any questions of discuss the class action.

This website summarizes the Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here or by writing to:

Volino v. Progressive Settlement Administrator
P.O. Box 6366
Portland, OR 97228-6366